MICHEL MARTIN, HOST: Federal workers have until February 6 to choose whether to willingly leave their jobs. The U.S. Office of Personnel Management, OPM, notified workers on Tuesday that if they hand in their resignation by next Thursday - that’s less than a week from now - most will be permitted to take leave and be paid till completion of September. Michelle Bercovici is an employment attorney who represents federal staff members as a large part of her practice, so I asked her for her interpretation about what OPM’s delayed resignation program would actually mean.MICHELLE BERCOVICI: I really don’t consider it a lot a deal. I think it’s a request to resign with an unclear promise that, possibly, you might be kept in administrative leave status for up to eight months - but no guarantees.MARTIN: Some people have actually been utilizing the term buyout to explain what this is due to the fact that there seems to be the deal of administrative leave for approximately 8 months if you take this deal. So is it a buyout?BERCOVICI: I would never explain it as a buyout. I believe that’s an term to use in this situation. When you think of a buyout, wiki.rolandradio.net there’s usually some sort of composed arrangement or a concrete deal to offer an advantage in exchange for waiving specific rights. That is not the case here.MARTIN: If customers ask you for your guidance, what are you informing them?BERCOVICI: First thing we tell them is exercise extreme care. There are no assurances included in this e-mail. The only thing I can inform you for particular is that if you alter your mind, the firm’s probably not going to let you withdraw that resignation, and you are basically offering up control over a lot.MARTIN: Exists some category of staff member who you think this might benefit? Maybe they’re close to retirement. Is somebody like that might this be an appealing offer?BERCOVICI: Folks near retirement require to be the most mindful since leaving earlier than intended can have serious repercussions, potentially, wiki.lafabriquedelalogistique.fr on their benefits.MARTIN: Let me just play a clip from the White House press secretary, Karoline Leavitt. She told press reporters that this is a bargain for people who do not wish to return to the workplace. Let me simply play it.(SOUNDBITE OF ARCHIVED RECORDING)KAROLINE LEAVITT: wiki.rolandradio.net This is a tip to federal employees that they need to return in - to work. And if they don’t, then they have the option to resign, and this administration is very kindly using to pay them for eight months.MARTIN: You’re shaking your head no.BERCOVICI: It just - in a manner, it breaks my heart that federal employees are being jerked around like this. It sends a signal to me that this return-to-office order is in bad faith, that it’s designed to get folks who work truly hard to resign. I think it’s attempting to pull the wool over a lot of individuals’s eyes due to the fact that there are no warranties. And wiki.rolandradio.net these are people who love their job. They love the objective of the firm. They strive. And right now, they’re dealing with really hard options, specifically if they’re remote. I imply, it’s really coercive.MARTIN: You state it’s coercive. Because?BERCOVICI: Essentially, if you’re someone who lives in Oregon and has been informed to report to D.C. otherwise we’re going to fire you, they might feel that they have no choice than to take this option.MARTIN: Do you anticipate legal difficulties simply to the deal itself? And if so, on what grounds?BERCOVICI: This deal, to be sincere, is so extraordinary that I think a lot of us are still attempting to figure out what to do with it. I’m uncertain if the deal itself may be challengeable. I think the bigger concern is the execution of these terms. I’m not mindful of any authority that exists today for OPM to purchase agencies to provide this number of individuals administrative leave. So I believe it is very much perhaps setting the stage for difficulties because I feel OPM has vastly exceeded their authority.MARTIN: That is Michelle Bercovici. She is a work legal representative with the Alden Law Group here in Washington, D.C. Thank you a lot for signing up with us.BERCOVICI: Thank you so much for having me here.

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